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Kentucky DUI Insurance Laws
via Car Insurance Comparison by Editor on 11/20/11
Being charged with a DUI, or Driving Under the Influence, in the state of Kentucky is a very serious matter. The legislature, like many other states in the past decade, have taken appropriate measures to stop the practice within the state. Breaking DUI laws will raise one's state car insurance!
The escalated adjustment of the drunk driving statutes have impacted the illegal practice in a positive manner, but they have impacted auto insurance rates dramatically for those who are repeat offenders or under 21 years old. Find Kentucky car insurance by entering your ZIP code into our FREE comparison tool!
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Don't Test the Limit or Officers
Traditionally, the legal limit of blood alcohol content for a cited driver in Kentucky was .10. This level for conviction was lowered to .08 in the late 1990s. The level of .08 had been the previous threshold for conviction of reckless driving. Stricter levels were also established for younger drivers, as the focus is to stop the behavior earlier in the next generation of drivers. Prosecuting attorneys do have the authority to lower the BAC level by one number, with due cause.The blood alcohol content level necessary for a reckless driving conviction is currently .05. Just because an individual does not register an .08 content level at the time of field sobriety testing does not mean the investigation ends. In Kentucky, the officer can detain the driver for two hours and administer the test at the police department again at the end of the detainment period.
Once arrested, the defendant is assessed an appropriate bond by the local judge. If the driver has a prior record, this can be used in determining bond level. Any defendant found to be in contempt of court for failure to appear in a previous case will be held until the court date or a significant cash bond can be posted. The field sobriety test result is not admissible in court, but can affect the final judgement on drivers license suspension if refused.
No Tolerance and No Requirement of Minimum Penalty Policy
The structure of Kentucky DUI laws are not restricted to the one level of charge. The standard blood alcohol level is .05 for reckless driving, .08 for establishment of impaired driving and .14 for establishment of aggravating circumstances. The same "aggravating circumstances" can be charged when a driver has a lower blood alcohol level and there are minor children in the vehicle or there are extenuating circumstances like a car chase.Individuals suspected of being under the influence of drugs other than alcohol are regularly detained and transported to the local medical facilities for a blood evaluation. Refusal to take a blood exam carries the same enhanced penalty as refusing a field sobriety or electronic breathalyzer exam, which is an extended automatic suspension of drivers license privileges.
In addition, when the driver is charged with "eluding and evading" the arresting officer or if a wanton endangerment charge is added as a result of any chase, aggravation is an automatic charge and carries enhanced punishment. Wanton endangerment in Kentucky is a Class D felony as an additional charge, which carries a penalty of one to five years in a state reformatory and suspended driving privileges.
Multiple Offenders Beware
A first conviction for driving under the influence in Kentucky is not nearly as costly as repeat offenses. A first DUI usually brings a 30-day suspension of the defendant's driving privileges, proof of completing a 30-day driver's training clinic, and a minimum of a $500 fine. A license reinstatement fee is also required, as well as payment to take the driver's safety training. No incarceration time is mandatory, though the other penalties cannot be lowered by the judge.The second charge is where the state takes notice, requiring an automatic minimum of seven days incarceration, along with an enhanced fine and a drivers license suspension of one full calendar year. Hardship license can only be issued when the suspension time is over and the driver has not completed the required driver education course, which is required with the second conviction. The alcoholic drivers education program for the second conviction is completed during the entire year of the suspended driving privilege.
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A third charge of driving under the influence is similar to the second charge, but the drivers license privilege suspension time is a minimum of two years. Judges have the latitude to alter judgments upwards depending on the circumstances. A minimum incarceration sentence of 90 days is assessed with the third charge.
Anyone being charged with a fourth driving under the influence has their case automatically sent to the grand jury in the jurisdiction of the fourth arrest and assessed for felony indictment. The fourth driving under the influence conviction in less than a five year period is a Class D felony, punishable by one to five years in a state institution.
Auto Insurance Options Are Restrictive
Anyone caught and convicted of driving under the influence in Kentucky is facing problems. Even a first conviction creates a criminal record and the minimum court policies have been set by the state legislature. The local judges are not bound to the state car insurance minimums. And, maybe the largest impact is the ability of the defendant to attain automobile insurance after a conviction.Car insurance companies in Kentucky normally assess eligibility and premium rate by age and driving record during the preceding three years. But, factors such as claims against the driver or by the driver can affect average car insurance premium rates just as well.
Many convicted drivers are purged from their existing insurance contracts and must re-apply in high-risk insurance pools or buy car insurance from lower-rated companies who specialize in insuring high-risk multiple offenders. Compare car insurance quotes for FREE by entering your ZIP code below!
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